Mudinmar Mobility Legal advice

Legal Advice and Conditions of use of the website

2. General conditions of use of the website

A) General Conditions of Use of the Website

The terms and conditions indicated below regulate the access and use of the website www.mudinmar.com/en/ (hereinafter the present site or the website), whose exploitation and through which it provides services of the society of the information, the entity Mudinmar Investment Holding, SL (hereinafter Mudinmar) with CIF ES-B40503559 and registered office at Calle 1, nave 2 Pol. Ind. Picassent 46220 Picassent (Valencia) SPAIN, and address for notifications at the same address, telephone +34 963 974 383 and email address admin@mudinmar.com

Within the expression “site or website” the data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs and others included therein are included, but not limited to, and, in general, all creations expressed by any means or support, tangible or intangible regardless of whether they are susceptible or not of intellectual property according to the Consolidated Text of the Intellectual Property Law.

Access to the site implies that the visiting user acquires a series of rights and obligations, in order to ensure adequate enjoyment of the general, private and content services found therein and that Mudinmar makes available to the user.

The visiting user is aware that access and use of the services and contents of the site is done under their sole and exclusive responsibility.

User status is acquired by accessing the website. The user will use the services and contents exclusively for private purposes and / or by reason of their legal relationship that binds Mudinmar to the exclusion of any form of subsequent use thereof for profit or report of any benefit, direct or indirect.

Mudinmar informs the user of these general conditions of use, which are expressly and fully accepted by the user simply by accessing the website and / or viewing the contents or use of the services contained on the website. If these general conditions were replaced by others in whole or in part, said new general conditions or, where appropriate, the particular ones, will be understood as accepted in an identical manner to that set forth. However, the user of the website must access these general conditions -and the particular ones of the services that he uses- on a regular basis to know the successive versions that are included here, although it is recommended that the user access them every time intends to access or make use of the services and contents of the website.

In the event that the user does not accept these general conditions or, the particular conditions that regulate the use of a certain service and / or content intended for website users and that said entity determines, the user must refrain from accessing the website or if necessary abandon it.

The user must establish the appropriate technical security measures to avoid unwanted actions in their information system, files and computer equipment used to access the Internet and, especially, the website, being aware that the Internet is not completely secure.

B) Website object

Through access to the site, the user can enjoy the use of various content and services that will be offered by Mudinmar or other third party providers under the conditions determined in each case.

Mudinmar may modify unilaterally and without prior notice, the provision, configuration, content and services of the site, as well as its conditions of use and access to the content offered and services provided. In each case, Mudinmar, when appropriate, will warn of such changes in the corresponding general or particular conditions of use, as well as in other texts or notices on the website.

The cost of telephone access or other type of expense for the connection to access to the website will be borne exclusively by the user.

C) User rights and obligations

The user can:

• Access for free and without prior authorization to the contents and services of the site available as such, without prejudice to the technical conditions, particular or the need for prior registration regarding specific services and content as determined in these general conditions or in the particular conditions of said services.
• Use the services and contents available for exclusively private use.
• The user may download a single copy of the website for off-line viewing for personal and non-commercial purposes.
• Make correct and lawful use of the site, in accordance with current legislation, morals, good customs and public order.

In no case may the user:

• Access or use the services and contents of the site for the commission of illegal actions or contrary to current legislation, morals, good customs and public order, for purposes that are harmful to the rights and freedoms of third parties, or that may harm, damage or prevent, in any way, access to them, to the detriment of Mudinmar or third parties.
• Use the services, in whole or in part, to promote, sell, contract, disseminate advertising or own or third-party information without prior written authorization from Mudinmar.
• Enter information on the website or use the services existing in it for the purpose of undermining – directly or indirectly – against the rights – and especially the fundamental rights and public freedoms – of other users of the website or of Mudinmar; that incite or promote the performance of criminal, xenophobic, terrorist or degrading acts based on age, sex, religion or beliefs; or pornographic, obscene, violent or that threaten the law, morals or good customs. For these purposes, information shall be understood as delimiting but not limiting: texts, graphics, images, videos, sounds, drawings, photographs, data, notes, and others.
• Use the services and contents offered through the site in a manner contrary to the general conditions of use and / or the particular conditions that regulate the use of a certain service and / or content, and to the detriment or impairment of the rights of the rest of users
• Perform any action that prevents or hinders access to the site by users, as well as hyperlinks to the services and content offered by Mudinmar or by other third parties through the website.
• Use any type of computer virus, code, software, computer program, computer or telecommunications equipment, which may cause damage or unauthorized alteration of the contents, programs or systems accessible through the services and content provided on the website or in the information systems, files and computer equipment of the users thereof; or unauthorized access to any content and / or services of the website.
• Eliminate or modify in any way the protection or identification devices of Mudinmar or its legitimate owners that may contain the content hosted on the website, or the symbols that Mudinmar or the legitimate third-party rights holders incorporate into their creations object of intellectual property or industrial existing on this website.
• Include in websites of your responsibility or property “metatags” corresponding to trademarks, trade names or distinctive signs owned by Mudinmar.
• Reproduce all or part of this website on a different website; may not make framed the present site or the websites accessible through it that hide or modify – with a delimiting but not limiting nature – contents, advertising spaces and brands of Mudinmar or third parties, regardless of whether or not they involve acts of competition unfair or confusing.
• Create frames within a website of your responsibility or property that reproduce the main page and / or the pages accessible through it, corresponding to this website without the prior authorization of Mudinmar.
• Include in a website of your responsibility or property a hyperlink that generates a window or session of the navigation software used by a user of your website, in which brands, commercial names or distinctive signs of your property are included and through which you show the main website or the accessible pages of this website.
• Use the brand, commercial names, as well as any other identifying sign that is subject to intellectual or industrial property rights, without the prior express written authorization of its owner.
• Perform any action that involves the reproduction, distribution, copying, rental, public communication, transformation or any other similar action that involves the modification or alteration of all or part of the contents and services of the site or the economic exploitation thereof, without the prior written authorization of Mudinmar or the third party owner of the intellectual and industrial property rights that fall on the services or contents of the website and except as provided in these general conditions or, where appropriate, particular conditions that regulate the use of a service and / or existing content on the website.

D) Mudinmar rights and obligations

Mudinmar reserves the following rights:

• Modify the conditions of access to the site, technical or not, unilaterally and without prior notice to users, without prejudice to the provisions of the particular conditions that regulate the use of a certain service and / or content intended for users of the website .
• Establish particular conditions and, where appropriate, the requirement of a price or other requirements for access to certain services and / or content.
• Limit, exclude or condition the access of users when not all guarantees of correct use of the site are given by them according to the obligations and prohibitions assumed by them.
• Finalize the provision of a service or supply of a content, without the right to compensation, when its use by users becomes illegal or contrary to what is established in the conditions that regulate it, without prejudice to the provisions of the particular conditions that regulate the use of a certain service and / or content intended for website users.
• Modify, delete or update all or part of the content or services offered through the site, without prior notice, without prejudice to the provisions of the particular conditions that regulate the use of a certain service and / or content intended for users of the website.
• Undertake any legal or judicial action that is convenient for the protection of the rights of Mudinmar as of third parties that provide their services or content through the site, whenever appropriate.
• Demand compensation that could be derived from the improper or illegal use of all or part of the services and contents provided through the site.

E) Use of cookies

Mudinmar has the obligation by Royal Decree-Law 13/2012 that modifies Law 34/2002, of July 11, on services of the information society and electronic commerce, to inform and obtain the citizen’s consent about the use of cookies on their web pages.

Cookies are files that can be downloaded to your computer through web pages. They are tools that have an essential role for the provision of numerous services of the information society. Among others, they allow a web page to store and retrieve information about the browsing habits of a user or his team and, depending on the information obtained, can be used to recognize the user and improve the service offered.

Types of cookies

Depending on who is the entity that manages the domain from which cookies are sent and processes the data obtained, two types can be distinguished: own cookies and third-party cookies.

There is also a second classification according to the period of time they remain stored in the client’s browser, which may be session cookies or persistent cookies.

Finally, there is another classification with five types of cookies according to the purpose for which the data obtained is processed: technical cookies, personalization cookies, analysis cookies, advertising cookies and behavioral advertising cookies.

Next, the cookies that are being used in this portal are identified as well as their type and function:

The Mudinmar website uses Google Analytics, a web analytics service developed by Google, which allows the measurement and analysis of web page navigation. According to the previous typology, these are own, session and analysis cookies. You can find more information about this and disable the use of these cookies https://www.google.com/intl/es/policies/.

Through web analytics, you do not obtain information about your personal data guaranteeing the protection of the privacy of people who surf the web. The information obtained is related to the number of users accessing the website, the number of page views, the frequency and repetition of visits, their duration, the browser used, the operator that provides the service, the language, the terminal you use, or the city to which your IP address is assigned. Information that enables a better and more appropriate service by this portal.

Finally, a technical cookie called cookies_policy, own, technical and session type is downloaded. Manages the user’s consent to the use of cookies on the website, in order to avoid the excessive inconvenience that may involve repeatedly displaying information about the cookie policy at the top of the website to those who have accepted it .

The cookies we use do not collect personal data from our users (names, surnames, address, bank details or any other).

You can configure your browser to accept, or not, the cookies we send or for the browser to notify you when a server wants to save a cookie. Google has also developed a browser add-on that disables the sending of data to the Google Analytics tool and can be downloaded here: https://tools.google.com/dlpage/gaoptout?hl=en.

About the use of Google Analytics

This website uses Google Analytics, an analytical web service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheater Parkway, Mountain View (California), CA 94043, United States (“Google”).

You can refuse the processing of data or information by rejecting the use of cookies by selecting the appropriate configuration of your browser, however, you should know that if you do so you may not be able to use the full functionality of this website. You can also refuse the use of cookies and the use of data related to the site (including your IP address) to Google as well as prevent the processing of this data by Google by downloading and installing a plug-in at the following link : https://tools.google.com/dlpage/gaoptout?hl=de By using this website you consent to the processing of information about you by Google in the manner and for the purposes indicated above.

Acceptance of the Cookies Policy

Mudinmar, in order to comply with the aforementioned regulations, displays information about its Cookies Policy at the top of any portal page with each login.

Given this information it is possible to carry out the following actions:

• Accept cookies. This notice will not be displayed again when accessing any page of the portal during this session.
• Close. The notice is hidden on this page, but when accessing any other page of the portal, the notice will be shown again at the top of it.
• Modify your settings. You can obtain more information about what cookies are, know the MUDINMAR Cookies Policy and modify your browsing settings. But this will not prevent the warning about cookies from being displayed when accessing new portal pages.

How to modify cookie settings

You can restrict, block or delete cookies from Mudinmar or any other web page, using your browser. In each browser the different operation, the ‘Help” function will show you how to do it.

• Internet Explorer: windows.microsoft.com/es-xl/internet-explorer/delete-manage-cookies#ie=†ie-10 ″
• FireFox: support.mozilla.org/es/kb/Borrar%20cookies
• Chrome: support.google.com/chrome/answer/95647?hl=”es”
• Safari: www.apple.com/privacy/use-of-cookies/

MUDINMAR may use cookies when a user browses the sites and pages of the website. Such cookies will be used by MUDINMAR under the conditions and for the purposes described in its Privacy Policy and Protection of Personal Data.

F) MUDINMAR disclaimer and limitation

MUDINMAR is exempt from any type of liability for damages of any kind in the following cases:

• Due to the impossibility or difficulties of connecting to the communications network through which this website is accessible, regardless of the type of connection used by the user.
• Due to the interruption, suspension or cancellation of access to the website, as well as the availability and continuity of the operation of the site or the services and / or contents therein, when this is due (i) either to interruption of the service due to technical maintenance of the web, (ii) either to a cause beyond the control of MUDINMAR, whether directly or indirectly from it.
• MUDINMAR assumes no responsibility for the services and contents, or for the availability and conditions, technical or not, of access to them, which are offered by third-party service providers, especially regarding the service providers of the company of information. The service providers of the information society shall be understood as those natural or legal persons that provide the following services to the public: (i) transmission by a data communication network provided by the service recipient (ii) access services to the cited network (iii) Data storage or hosting services (iv) provision of content or information (v) temporary copy service of the data requested by users (vi) provision of links to content or search tools.
• MUDINMAR, at no time, assumes responsibility for the damages or losses that may be caused by information, content, products and services – with a delimiting but not limiting nature – provided, communicated, hosted, transmitted, exhibited or offered by third parties outside MUDINMAR – including service providers of the information society – through a website that can be accessed through an existing link on this site.
• The processing and subsequent use of personal data made by third parties outside MUDINMAR, as well as the relevance of the information requested by them.
• The quality and speed of access to the site and the technical conditions that the user must meet in order to access the site and its services and / or contents.
• MUDINMAR, will not be responsible for delays or failures that may occur in the access and / or operation of the services and / or contents of the website, due to a case of Force Majeure. “Case of force majeure” shall mean all those causes that have not been anticipated, or that are still foreseen, are unavoidable, and that result in the breach of any of its obligations. Among them, but not limited to, strikes, both from their own workers and from outside workers, insurrections or revolts, as well as rules dictated by any civil or military authority, natural disasters such as earthquakes, floods, lightning or fires, wars, lockouts or any other force majeure situation.
• The user of the site will respond personally for damages of any nature caused to MUDINMAR directly or indirectly, for the breach of any of the obligations arising from these general conditions or other rules governing the use of the site.

G) Intellectual and industrial property

The user knows that the contents and services offered through the site – including texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, all comments, exhibitions and html code thereof, without this enumeration have a limiting nature – they are protected by intellectual and industrial property laws. The copyright and economic exploitation of this site corresponds to MUDINMAR and / or third parties.

The trademarks, trade names or distinctive signs that appear on the website are the property of MUDINMAR or, where appropriate, of third parties, and are protected by current industrial property laws.

The provision of the services and publication of the contents through the site will not imply in any case the transfer, resignation or transmission, in whole or in part, of the ownership of the corresponding intellectual and industrial property rights by MUDINMAR and / or its legitimate third parties headlines.

Under no circumstances, the user may make use or use of the services and content existing on the site that is not exclusively personal, except for the exceptions determined in these general conditions of use of this site or in the particular conditions that MUDINMAR Please establish to regulate the use of a certain service and / or content offered through the website.

No section of this website may be reproduced, distributed, transmitted, copied, publicly communicated, transformed, in whole or in part by any manual, electronic or mechanical system or method (including photocopying, recording or any recovery and storage system of information) through any support currently known or invented in the future, without the consent of MUDINMAR. The use, under any modality, of all or part of the content of the site is subject to the need to request prior authorization from MUDINMAR and / or legitimate third parties and the acceptance of the corresponding license, where appropriate, except for the provisions regarding the rights recognized and granted to the user in these general conditions or what is determined in the particular conditions that MUDINMAR has to establish to regulate the use of a certain service and / or content offered through the website.

If the guilty or negligent act or omission directly or indirectly imputable to the user of the website that originates the infringement of the intellectual and industrial property rights of MUDINMAR or of third parties -existing or not benefit for it- originates damages, losses, obligations to MUDINMAR solidarity, expenses of any nature, penalties, coercive measures, fines and other amounts arising or arising from any claim, demand, action, lawsuit or procedure, whether civil, criminal or administrative, MUDINMAR will have the right to address the user by all means legal at your fingertips and claim any compensatory amounts, including- by way of example and not limitation- moral damages and image, emerging damage and loss of profits, advertising costs or any other nature that could result for its repair, amounts of penalties or convictions , late payment interest, the cost of financing all l The amounts in which MUDINMAR could be harmed, the judicial costs and the amount of the defense in any process in which MUDINMAR could be sued for the aforementioned causes, for the damages caused by reason of its action or omission, without prejudice to exercise any other actions that correspond by law.

H) Personal data protection

MUDINMAR guarantees the confidentiality of personal data provided by users and their treatment in accordance with current legislation on protection of personal data: Organic Law 15/1999, of December 13, on Protection of Personal Data ( hereinafter LOPD) and Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of the LOPD (hereinafter RDLOPD). The personal data collected through the website will be incorporated into one or more treatments or files under MUDINMAR’s responsibility. For this purpose, MUDINMAR will provide users, prior to the delivery of personal data, information on the content of the treatment in accordance with Article 5 of the LOPD without prejudice to the user’s ability to access the Privacy Policy and Protection of Personal Data. The above information will allow the user to grant their informed, specific and unequivocal consent in order for MUDINMAR to proceed with the processing of their personal data.

I) Duration

The access, content and services offered through the site have, in principle, an indefinite duration. MUDINMAR, however, is authorized to terminate or suspend access, services and / or contents thereof at any time, without prejudice to what has been provided in this regard in these General Conditions or, where appropriate, Particular Conditions that regulate the use of a certain service and / or content intended for website users.

J) Full agreement

These general conditions contain all the conditions agreed by the parties in relation to the object of the same and any declarations, commitments or promises, verbal, written or implied, prior to these conditions in relation to the object thereof shall be considered as non-existent.

The fact that MUDINMAR does not require at any given time the respect of any of the conditions established in these general conditions or, where appropriate, particular conditions that regulate the use of a certain service and / or content intended for users of the website , can not be interpreted by the user as the resignation to demand further compliance.

K) Nullity and voidability

In the event that any clause of these general conditions or, where appropriate, particular conditions that regulate the use of a certain service and / or content, is voidable or void, in whole or in part, this nullity or voidability will not affect to the validity of other clauses thereof, which will remain with full effectiveness and validity, unless the party claiming its nullity or voidability proves that without the clause that is void or voidable, the purposes pursued by these Conditions cannot be fulfilled.

L) Legislation

These general conditions are governed by Spanish law.

M) Jurisdiction

The parties, expressly waiving their own jurisdiction, submit for the resolution of how many disputes may be referred to the Courts and Tribunals of Valencia – capital.

3. Privacy Policy and protection of personal data

1. Previous

In compliance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data (hereinafter LOPD) and in Royal Decree 1720/2007, of December 21, which approves the LOPD Development Regulation (hereinafter RDLOPD) Mudinmar Mobilty, SL (hereinafter MUDINMAR) wishes to inform the website user of the policy regarding the treatment and protection of personal data of those who voluntarily communicate via email with MUDINMAR, complete data collection forms or use Any other service present on the website that involves the communication of your personal data to MUDINMAR.

MUDINMAR informs the user of the website, that this privacy policy contains all aspects related to the processing of personal data that MUDINMAR carries out as responsible for it through the website. If the user – after reading this document – continues to use the services, he will be expressing his express acceptance of this privacy policy and processing of personal data. Otherwise the user must leave the website.

Likewise, the user is informed that these conditions will be of subsidiary application of those others that on the same subject are established with a special character and are communicated to the user without limitation through the data request forms, regulatory bases of the competitions announced on the website and / or conditions of the particular services, or any sections of the website, with the present policies being complementary to the previous ones in that which is not contradicted.

The user is informed that any processing of personal data will be within the scope of the legislation in force in Spain regarding data protection, established by the LOPD and its complementary and development regulations.

For this purpose, personal data will be understood as any information concerning identified or identifiable natural persons – including the data of the email and / or the IP address in the case in which they identify unambiguously those interested – and by user, any person Identified or identifiable physical that communicates your personal data to MUDINMAR by email, filling in forms for data collection, participation in competitions as well as the use of any service present on the website that involves the communication of your personal data to MUDINMAR and / or any other form of data communication to said entity.

2. Identification of the business name of the person responsible for the file

MUDINMAR informs the user of the website of the existence of various treatments and personal data files whose head is MUDINMAR with registered office in Polígono Industrial, C. N-1, 2, 46220 Picassent, Valencia, where personal data that the user communicates to and collects and stores MUDINMAR.

3. Information on the purposes for which personal data is intended and consent

The user who accesses the MUDINMAR website is not obliged to provide personal information for the use of the site, therefore, any communication of data for this purpose will be because the user has voluntarily decided on a personalized navigation or use of the services. Therefore, the sending of an email to MUDINMAR as well as the communication by the user to MUDINMAR of any other personal data through any means entails or implies the provision of their free, unequivocal, specific, informed and express consent for the treatment of your personal data by MUDINMAR.

However, MUDINMAR also has – in particular and without limitation – forms for requesting personal data and / or other systems to obtain information for users to access particular web services such as:

• In the event that contests, events and / or promotions are held, the regulatory bases and registration forms may be published in order for users to download the documentation and send it to the entity as provided in each case.
• Finally, in the case where the user activates the option of being a follower of MUDINMAR in the different social networks in which MUDINMAR has an Official Website, their data will be treated in order to manage said space in the social networks and make them a participant in the different activities that are carried out in them.
• Any other forms and / or services that, where appropriate, require the collection and processing of user data through the website.

Personal information will only be used for limited purposes, such as those set forth above and / or without limitation, those that may be unequivocally informed prior to the collection and processing of the data of the interested party. In this sense, the user is informed that the information that – in relation to the processing of personal data – is published by MUDINMAR prior to the collection of the data, will be of preferential application to what is established in these policies.

Finally, MUDINMAR shows that it generally does not request specially protected data from the user, meaning that according to articles 7 and 8 of the LOPD, data related to race or ethnic origin, religious beliefs, criminal records, physical or mental health or sexual orientation. In the event that the processing of any of the aforementioned personal data is required and necessary, MUDINMAR will request the express consent of the user to collect and use that information by informing previously, unequivocally and expressly of the purpose of the collection and processing of said information.

4. Identification of the recipients for whom MUDINMAR is planning to transfer or communicate data

MUDINMAR only plans to carry out assignments or communications of data that by reason of article 11.2.c. of the LOPD must perform to meet its obligations with the Public Administrations in the cases that are required in accordance with the legislation in force in each matter at any time and in its case also, to other organs such as State Security Forces and Bodies, Judges, Fiscal Ministry, Courts, Court of Auditors or Ombudsman.

Likewise, MUDINMAR informs the user that any other transfer of data that must be made, will be brought to their attention when the LOPD so provides, informing them in a precise and unequivocal express way of the recipients of the information, of the purpose to which the data, and the nature of the data transferred, or where appropriate when the LOPD establishes it, previously the unequivocal, specific and informed consent will be requested from the user.

Finally, it is made known to the user that in the use of certain applications and services, such as those related to social networks, it will be the user himself who decides the transfers of his personal data that will be made to third parties, in accordance with those parts of the service whose use allows you to voluntarily share information with other users of the website www.mudinmar.com/en/, all without prejudice to MUDINMAR will describe in detail in the privacy policies of its Official Pages what information is shared, with whom and will provide all the information that under the LOPD and its development regulations is necessary.